- (1.) The Central Bureau of Investigation has preferred the present writ petition against the decision of the Central Information Commission appointed under the Right to Information Act, 2005 (hereinafter referred to as the 'RTI Act'). The Commissioner has allowed the appeal of the respondent No.2 and directed the CBI to furnish the information sought by him.
(2.) The respondent No.2 is an Advocate. He submitted an application under section 6 of the RTI Act on 26.7.2010 to the Central Public Information Officer, SP/CBI, Port Blair which was transferred to CPIO/CBI/ACB/Kolkata Port Blair Branch. The information sought by him is as follows:- (a) Photocopy of the Case Diary and the supplementary case diaries in connection with the case No. RC 07 of 2008. (b) Photocopy of the visitors Register of SP, ACB, CBI, Kolkata for the dates i.e. 18 to 20 February 2008 and 7 to 9 April 2008. (c) Photocopy of GD Register of SP, ACB, CBI, Kolkata office for the period of 18 to 20 February 2008 and 8 to 10 April 2008. (d) Photocopy of receipt Diary register of SP, ACB, CBI, Kolkata office for the dates of 10 & 11 April 2008 and Dispatch Diary register of 11 & 12 April 2008. (e) Photocopy of Trap Money Register of SP, ACB, CBI, Koltaka office for the period of 1st April 2008 to 30 April 2008. (f) Photocopy of details of Expenditure incurred on the hiring of vehicle by CBI officers of ACB, Kolkata in connection with the investigation at Port Blair during period 1st April 2008 to 30 June 2008 along with the photocopies of the bills claimed (g) Photocopy of details of rewards given to the CBI officers of ACB, Kolkata for carrying out successful traps indicating the name & designation of the Officer and the amount of reward for the period of 1st April 2008 to 30 June 2008. (h) Photocopy of details CBI officers whose name was placed in the list of Doubtful integrity during period of Jan 2006 to till date. (i) Photocopy of details of CBI officers against whom the complaint were registered or contemplated and inquiry conducted or in progress.
(3.) The information sought was refused by the Central Public Information Officer on 30.08.2010. The respondent No.2, being aggrieved by that decision, approached the Appellate Authority under the RTI Act. The Appellate Authority being the Joint Director, CBI, Kolkata dismissed the appeal on 27.9.2010 with respect to points (a) to (g). The concerned Central Public Information Officer was directed to provide the information in respect of the points (h) and (i). This information was denied by claiming exemption under section 8(1)(j) of the Act. Being aggrieved by that order, respondent No.2 preferred an appeal on 21.10.2010 to the Second Appellate Authority. the Central Information Commission who is the 2nd Appellate Authority passed an order on 13.07.2011 after hearing the parties.;